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2022 Supreme(SC) 557

SANJAY KISHAN KAUL, HRISHIKESH ROY
Chief Executive Officer, Bhilai Steel Plant, Bhilai – Appellant
Versus
Mahesh Kumar Gonnade – Respondent


Advocates appeared:
For the Appellant(s) :Sunil Kumar Jain, Advocate
For the Respondent(s):S.C. Verma, Sumeer Sodhi, Dhruv Wadhwa, Ashwarya Sinha, Advocates

JUDGMENT :

Hrishikesh Roy, J.

1. Heard Mr. Maninder Singh, the learned Senior Counsel appearing on behalf of the appellant. Also heard Mr. Anupam Lal Das, the learned Senior Counsel representing the respondent no.1. The State of Chhattisgarh is represented by Mr. Sumir Sodhi, the learned counsel.

2. The challenge in this appeal is to the judgment and order dated 09.01.2017 in the WP No. 675/2016 whereby the Division Bench has interfered with the order passed by the Central Administrative Tribunal (for short “CAT”) and granted relief to the writ petitioner (respondent no.1) whose termination order dated 24.10.2015 was set aside with the declaration that he would be entitled to all the consequential benefits, including seniority and back wages.

RELEVANT FACTS

3. On 11.09.1987, the respondent no.1 obtained a Caste Certificate showing him to be “Halba” Scheduled Tribe (hereinafter “ST”) from the Deputy Collector, Durg and on the basis of the said certificate, the respondent no.1 on 18.09.1995, joined service as a Management Trainee (Technical) against a Schedule Tribe quota vacancy at the Bhillai Steel Plant of the Steel Authority of India Limited (SAIL). In 2008, questions were raised on t


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